Filed: Jul. 24, 2015
Latest Update: Jul. 24, 2015
Summary: ORDER KAYMANI D. WEST , Magistrate Judge . On October 8, 2014, Plaintiff, appearing through counsel, filed this action appealing a denial of social security benefits. Defendant filed an answer and copy of the administrative record on April 3, 2015. ECF Nos. 9, 10. Plaintiff's brief in support of his appeal was due by May 7, 2015. See Local Rule 83.VII.04 (D.S.C.); see also ECF No. 9. On April 6, 2015, Plaintiff sought, and was granted, an extension of time making his brief due June 8, 2
Summary: ORDER KAYMANI D. WEST , Magistrate Judge . On October 8, 2014, Plaintiff, appearing through counsel, filed this action appealing a denial of social security benefits. Defendant filed an answer and copy of the administrative record on April 3, 2015. ECF Nos. 9, 10. Plaintiff's brief in support of his appeal was due by May 7, 2015. See Local Rule 83.VII.04 (D.S.C.); see also ECF No. 9. On April 6, 2015, Plaintiff sought, and was granted, an extension of time making his brief due June 8, 20..
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ORDER
KAYMANI D. WEST, Magistrate Judge.
On October 8, 2014, Plaintiff, appearing through counsel, filed this action appealing a denial of social security benefits. Defendant filed an answer and copy of the administrative record on April 3, 2015. ECF Nos. 9, 10. Plaintiff's brief in support of his appeal was due by May 7, 2015. See Local Rule 83.VII.04 (D.S.C.); see also ECF No. 9. On April 6, 2015, Plaintiff sought, and was granted, an extension of time making his brief due June 8, 2015. ECF No. 13. On June 3, 2015, Plaintiff requested another exteension of time based on Defendant's representation that an amended transcript would be filed. ECF No. 15. That motion was granted, and Defendant filed an amended transcript on June 8, 2015, and an amended answer on June 8, 2015, making Plaintiff's brief due July 13, 2015.1 See ECF No. 21. To date, however, Plaintiff has not filed his brrief, nor has counsel communicated further with the court regarding the deadline.
Accordingly, it appears to the court that Plaintiff may wish to abandon this action. If Plaintiff wishes to pursue his appeal, he is ordered to filee a brief in support of his appeal no later than August 7, 2015. Plaintiff is advised that if he fails to comply with this deadline, the undersigned may recommend that this matter be dismissed with prejudice for failuure to prosecute. See Davis v. Williams, 588 F.2d 69, 70 (4th CCir. 1978); Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
FootNotes
1. Based on the second extension Plaintiff had requested, his brief waas to be due by July 8, 2015. See ECF No. 16. In this instance, however, the court uses the later due date of July 13, 2015, which is based on the date Defendant filed an amended answer. In any event, Plaintiff has missed the deadline for filing his brief.
